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Criminal Practice Directions

This guide assists lawyers representing children in the criminal courts and explains how the Criminal Practice Directions can support in this context. The Criminal Practice Directions supplement the Criminal Procedure Rules by guiding judicial discretion, detailing a range of adjustments that should be considered in all criminal cases that involve children.

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Criminal Practice Directions Legal guides

Free with member access

Purchase Guide £3

Content Summary

Criminal Practice Directions: A Practical Guide for Representing Children in the Criminal Courts

Many children who appear in the criminal courts have communication needs, learning difficulties, neurodisabilities, mental health problems or experiences of trauma. Without appropriate adjustments, criminal proceedings risk being incomprehensible, intimidating and unfair.

This detailed legal guide explains how the Criminal Practice Directions (CrimPD) operate in practice and how they can be used to secure a child’s right to effective participation in criminal proceedings. It equips practitioners with the knowledge and confidence to identify participation barriers early, press for appropriate adaptations, and hold courts to their duties.

Updated following the 2023 revision of the Criminal Practice Directions, this guide is an essential resource for anyone representing children in the youth court or Crown Court.

What this guide covers

In this downloadable guide, you will find:

  • An overview of the Criminal Practice Directions
    Including their legal status, how they supplement the Criminal Procedure Rules, and why they are binding on the criminal courts.
  • The right to effective participation
    The legal foundations of effective participation under Article 6 of the European Convention on Human Rights, and how the CrimPD gives practical effect to that right for children.
  • Background and case law
    The origins of the CrimPD, including the impact of V v UK and subsequent domestic reforms aimed at protecting child defendants.
  • The applicable legal framework
    Clear explanation of:
    • the duties on legal representatives
    • the court’s obligations to facilitate participation and safeguard welfare
    • the relationship between the CrimPD, CrimPR, statute and the court’s inherent powers.
  • Key provisions of the Criminal Practice Directions
    A structured guide to the most important sections, including:
    • CrimPD 6.1: vulnerable people in the courts
    • CrimPD 6.2: intermediaries
    • CrimPD 6.4: vulnerable defendants
    • CrimPD 5.5: use of live links.
  • Ground rules hearings
    When they are required, how they should be conducted, and how they can be used to control questioning and protect child defendants.
  • Intermediaries and communication support
    Practical guidance on assessing communication needs, instructing intermediaries, and making effective applications for intermediary assistance.
  • Special measures and procedural modifications
    Detailed coverage of available adaptations, including:
    • sitting arrangements and courtroom layout
    • removal of wigs and gowns
    • attendance of supporting adults
    • timetabling and breaks
    • live link evidence
    • restrictions on public and media access.
  • Sentencing and understanding outcomes
    Guidance on written sentencing remarks, welfare notes and ensuring that children understand court decisions.
  • Annexed resource
    A clear, consolidated table of special measures and modifications available under the Criminal Practice Directions, designed for quick reference in live cases.

Who this guide is for

  • Criminal defence lawyers representing children
  • Youth justice practitioners and Youth Justice Services
  • Judges, magistrates and legal advisers
  • Professionals concerned with safeguarding children’s rights and participation in criminal proceedings

Why download this guide?

This guide turns the Criminal Practice Directions from a complex procedural document into a practical advocacy tool. It shows how to use the CrimPD proactively — not as a last resort — to ensure children can understand, engage with and participate fairly in the criminal process.

It is an indispensable resource for practitioners who want to move beyond minimum compliance and ensure that children are treated in accordance with their rights, welfare and best interests.

Download the full guide to access the complete analysis, practical guidance and reference materials.

All YJLC Legal Guides are Free for Members.

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Purchase access

Legal guides are £3 each - click here to download the PDF.

Purchase Guide £3

Written by Professor Kathryn Hollingsworth and Shauneen Lambe in collaboration with Claire Mawer, Katya Moran, and Laura Cooper at the Youth Justice Legal Centre. With thanks to Daniella Waddoup (Doughty Street Chambers).

This guide was produced by the Youth Justice Legal Centre, part of Just for Kids Law, in collaboration with The Children’s Rights Group at Doughty Street Chambers, and funded by The Dawes Trust. 

Related

  • 9 Oct 2020

    Criminal Procedure Rules 2020 and Criminal Practice Directions 2020

    Legal updates
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About our Advice

The materials on the YJLC website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. YJLC disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters.

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